USA > New York > The bench and bar of New-York. Containing biographical sketches of eminent judges, and lawyers of the New-York bar, incidents of the important trials in which they were engaged, and anecdotes connected with their professional, political and judicial career > Part 19
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IT has been said that there is no section of the world's hopes and struggles which is replete with so much animation of contest, such frequent recurrence of triumphant results, as the practice of the law be- fore juries ;- that the grotesque and passionate forms of many colored life with which the advocate becomes familiar ; the truth stranger than fiction of which he is the depository ; the multitude of human affections and fortunes of which he becomes, in turn, not only the representative, but the sharer; passions for the hour, even as those who have the deepest stake in the
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issue ;- render his professional life almost like a dazzling chimera-a waking dream ; - and moreover that to him are presented those aspects of the case which it wears to the party who seeks his aid. Is the rule of law, too, probably against him ? There are reasons which cannot be explained to the court, but which are the counsel's in private, why in this in- stance, to relax or evade it, will be to obtain substan- tial justice. In the majority of cases, he becomes, therefore, always a jealous, often a passionate par- tizan ; lives in the life of every cause (often the most momentous part of his client's life) ; "burns with one love, with one resentment glows," and never ceases to hope, to struggle, or to complain, until the next cause is called, and he is involved in a new world of circumstance, passion and affection. Nor let us for- get that at one time the honor of a man's life may trem- ble in his hands-he may be the last prop of sinking hope to the guilty, or the sole refuge clasped by the innocent ; or, called on to defend the subject against the power of a State prosecution. Sometimes piercing the darkness of time, guided by mouldering char- acters and names ; or tracing out the fibers of old re- lationship-exploring dim monuments, and forgotten tombs, retracing with anxious gaze those paths of common life, which have been so lightly trodden, as to retain faint impressions of the passenger. One day he may touch the heart with sympathy for the " pangs of despised love," or glow indignant at the violation of friendship; the next, he may implore commisera- tion for human frailty, and talk of nothing but charity and forgiveness.
It was said of a great British advocate, that in such a sphere as this, he moved triumphant.
It was in such a sphere as this, that James T. Brady moved and won his fame-a fame unmingled with political honors or official distinctions. His career depended upon no ephemeral titles-no loud
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plaudit to the politician, who to-day mounts ambition's pedestal, to be sought for in vain to-morrow.
It is a pleasure to the lawyer who loves his profes- sion-it must be pleasant to any man interested in the triumph of the intellect, to study the character of a man like Mr. Brady. What a commentary is his life and career for the student-for the young practitioner. He asked nothing from influence, from eminent friends - nothing from adventitious circumstances. With self-reliance-with industry, erudition, activity, and an untarnished name-surrounded by the great law- yers of a metropolis, he demanded the honors and emoluments of his profession - he reached for the highest prize-contended for it against the most gifted competitors, and won it amid the sharpest collisions.
He relieved the tedium of his professional labors, by entering the quiet domain of literature, refreshing his intellect-refining his views of life, keeping un- quenched the enthusiasm which warmed the spring time of his life, over the pages of Tacitus, Livy, Thu- cydides, Pope, Shakespeare, and Tasso.
If his oratory carried conviction-if it caused men to act and think, his pen gave calmer reasons for thought, action, and depth of comprehension.
James T. Brady was born in the city of New York, April 9th, 1815. His parents were both from Ireland ; they emigrated to this country, in the year 1812, set- tling in Newark, New Jersey ; in 1814, they removed to the city of New York, which became their residence for life. His father was the late Thomas J. Brady, a gentleman of refinement and culture, who was noted for his extensive intellectual acquirements ; being re- garded as one of the most accomplished scholars in the city.
"His mother exercised a deep influence upon his character ; she was noble and handsome in person, having a fine native intellect. She was a mother clothed in those nameless maternal graces, and pos- sessing those quiet virtues which shed their hallowed
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influence over families, and which is felt so long. She died when he was quite young; but he never during life, loved a human being as he loved her. Her name was never mentioned in his presence, with- out giving rise to some expression, the depth and ten- derness of which, showed how her memory was em- balmed, and rarely without the tears coming into his eyes."
His father, though born and educated in Ireland, spoke both the Spanish and French languages with flu- ency and grace. He wrote the latter with the ease and elegance of his vernacular idiom ; while he was perfectly familiar with the ancient and the English classics.
Having completed his education, he decided to enter the legal profession, but he did not commence his studies until after he became a resident of New York, when he entered the office of the late John S. Riker, an eminent member of the New York bar, and a brother of Richard Riker, who, for a long time, dis- charged with great ability, the duties of recorder of the city of New York.
The accomplishments of Mr. Brady were so thor- oughly appreciated, that he was induced by several distinguished citizens of New York, to prepare a limited number of young gentlemen for college. In this sphere he was very successful. Many young men who afterwards attained positions of eminence, pur- sued their preparatory studies with him, among whom was Bishop McCloskey. After his admission to the bar, he gained a very respectable position in his pro- fession, and was the incumbent of several important and responsible offices. The present Judge John R. Brady, of the Supreme Court, was one of his sons.
While James was very young, his father com- menced superintending his education, with such suc- cess, that, though he never had any other instructor in the classics, which by the custom of England is called learning, he was inferior to few professed scholars ; his attainments were solid and practical.
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He very early adopted the study of law, as a regu- lar branch of his education. In this way he became master of the great elemental writers ; in this way he laid the foundation of his legal education, broad and deep.
His father believed that a science which distin- guishes between the right and wrong, which teaches to establish the one, and prevent, punish, or redress the other; which employs in its theory the noblest faculties of the soul, and exerts in its practice the cardinal virtues of the heart, should be thoroughly studied by all who desire a finished and liberal edu- cation.
The elder Brady taught his son that laborious study and diligent observation of the world, are both indispensable to the lawyer.
"James," said he, one day, "the study of law is like scaling the Alps-you must adopt the indomita- ble energy of Hannibal, and your ascent will be easy ; of all things beware of half knowledge-it begets ped- antry and conceit; it is what the poet meant when he said,
" ' A little learning is a dangerous thing.'
"Make your learning practical, for a bookworm is a mere driveler-a gossamer. There is a deal of legal learning that is dry, cold, dark, revolting ; but it is an old feudal castle, in perfect preserva- tion, which the legal architect who aspires to the first honors of his profession, will delight to explore, and learn all the uses to which the various parts are to be put, and thus he will better understand and relish the progressive improvements of the science in modern times."
With such familiar conversation as this, Mr. Brady implanted in the mind of his son, the great principles of jurisprudence. Who that has seen James T. Brady at the bar,-listened to those perfect and complete arguments which he made there, saw
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with what facility he comprehended and unraveled the intricacy of conflicting precedents, "disentangled doubt, and exposed sophistry," but understood that he lingered long and patiently in the old feudal castle, and became familiar with its grand old architecture.
As a student, he was so modest and retiring, that his capacity was often underrated.
Mr. O'Conor once said of him, "To some extent, I performed the office of assistant counsel to his father ; I often conferred with that father near the desk where sat his son James-ever commended by him as the hope of the family. The modesty and silence of the youthful student seemed to require some such patron- age ; for so marked were they, that notwithstanding the graces of his figure, which were great even then, and the gravity, sobriety, and good sense, which beamed forth from his countenance, his demeanor might well lead a hurried observer, such as I was, to pronounce him not promising."
Mr. Brady was called to the bar in October, 1836; he immediately opened an office in New York, and commenced practice. He directed all the powerful energies of his character to his profession, and with- out parade, without anything to catch the public favor, except his unwearied devotion to business, and those shining qualities which he exhibited, he rapidly gained the confidence of the people.
He had been at the bar but a little over a year, when one day a decently dressed, intelligent appear- ing young man, apparently about twenty-two years of age, came into his office, and inquired if Mr. Brady was in.
"I am Mr. Brady," was the reply.
"Well, Mr. Brady, I have been directed to come to you. I am in very, very great trouble, and I need a friend."
"Do you need a friend or a lawyer ?" asked Mr. Brady.
"I need a lawyer, sir ; one that will feel for me and
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my poor little sister," said the young man, bursting into tears. "I am a stranger in this country, sir," he continued ; "only six weeks yesterday I landed here from England."
" What is your name ? and what do you want me to do for you ?"
"My name is James Coppin, sir, and I want you to help me get my sister. She's a slave ! a slave ! sir, over in Williamsburgh."
"A slave ? she cannot be a slave ; there are no slaves at Williamsburgh," said Mr. Brady.
"Yes, sir, she is a slave ; she is bound to a man by the name of Gatewood-a rich man, sir-until she is of age. I have searched for her a long time, and yes- terday I found her, and I wanted to take her with me back to England ; but the man drove me away, and threatened to arrest me and send me to prison, if I attempt to take my sister away from him. He says he owns her, and has got her bound to him, by some men that have something to do with poor people."
Mr. Brady had now become interested in the young man, and he drew from him a story which was indeed, romance in real life.
In the summer of 1837, the father and mother of young Coppin, with two sisters, younger than him- self, embarked from Liverpool for New York, with the intention of emigrating to one of the western States, leaving James in England, where he was engaged in some business. During the voyage, the father, mother, and eldest daughter, sickened and died of a disease resembling ship fever. After the usual quarantine, the youngest daughter, then about fourteen years of age, landed in New York without a friend or guar- dian, except a young Englishman and his wife, neigh- bors of his father, who were also emigrating west. The Coppins had an acquaintance in Brooklyn ; thither the young Englishman conducted the girl, but the friend had left to be absent two or three months. As the girl desired to return to England, the Englishman
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engaged a boarding place for her, until she could hear from her brother, or make arrangements to return to her native country. Leaving with her a considerable sum of money, which her father had left her, he pur- sued his journey westward. The family with whom she was left, soon robbed her of all her money, and then turned her into the streets, friendless and penni- less, directing her to the overseers of the poor. From the representations of this family, they believed her to be a pauper; she was taken up as such ; the super- intendents of the poor for the county of Kings, instead of taking her to the county poor house, observing that she was a bright, intelligent child, under the stat- ute relating to paupers, bound her to a man by the name of Gatewood, residing at Williamsburgh. In her new home she was cruelly neglected, and sub- jected to many hardships. It was a part of her duty to take care of three young and troublesome children, and her days passed wearily and sadly on in drudgery and sorrow.
At length the brother learned that his parents and sister were dead, and immediately came to New York in search of the surviving sister. Through streets and lanes-in the homes of the wealthy-in the abodes of poverty, he sought her with unceasing perseverance ; he advertised for her-he obtained the aid of the police, but days and weeks passed away, without the least intelligence of the lost one. At length, wearied and discouraged with his toilsome, fruitless search, he was on the point of returning to England without her, when, one day as he was pass- ing the Howard House, in Broadway, a small child ran out of the front door on to the walk, pursued by a girl apparently about thirteen years of age ; catching the child in her arms, she ran with it into the hotel. As she turned to enter the house, Coppin caught sight of her face, and he saw that his sister was before him. Rushing after her, he followed her up a flight of stairs, into a room where there were a gentleman and two
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ladies ; regardless of their presence, he seized his sister in his arms, exclaiming :
"Sarah! Sarah! is it you ? have I found you at last ?"
The poor girl screamed with fright, and the gentle- man endeavored to take her from the strange intruder ; but he only held her the more closely. When she ascertained that it was her brother who had thus sud- denly appeared, her joy knew no bounds. She laughed and wept. She laid her head on his breast, and sobbed :
"Oh, James, James ! you have come to take me with you ; I know you have. Oh, do take me with you -- with you, James."
"Yes, yes, Sarah; you may go with me now," said he, and the child sprang for her bonnet.
"Stop !" said the man, "you can't go with him ; you must stay with me."
"She is my sister, sir, and she must go with me ; I have been searching for her with a broken heart, and my eyes dimned with tears, for weeks; and you will not part us now. So come with me," said James, taking the hand of his sister.
"Stop ! I tell you," said the man. "This girl is my servant, my servant. You have nothing to do with her. Leave the room immediately, or I will call the police and have you arrested."
"Oh, sir ! she is my sister, my darling little sister ; we are orphans in the world. Our parents and another sister died on their passage to America, and this poor lamb, that we were all so tender of and loved so well, has been lost-lost to me, sir, until now. Now I have found her, she is all I have got to love or care for in the world. You cannot keep her, for she is the daughter of as honest a man as ever breathed in Old England," said Coppin.
"I'll show whether I can keep her or not," said the man, ringing the bell. A servant appeared, and with his help, poor James was forcibly ejected from
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the room. But having found his sister, he was deter- mined never to leave her.
He learned that the name of the man with whom she lived, was Gatewood-that he resided at Williams- burgh-that he had been traveling with his family and was returning home, stopping in New York for a few hours.
The next day, Coppin visited Williamsburgh, and after much entreaty, Gatewood permitted him to see his sister for a few moments, in his presence. Here he learned that she was indeed bound to him by writ- ten indentures until she was eighteen years of age, and that he was determined to keep her. He was a sullen, determined, obstinate man, with whom entreaty or negotiation was useless. Nothing could exceed the agony of poor Coppin, on learning that his sister was, as he believed, a slave. Determined, however, to effect her release, if possible, he returned to New York, inquired of an Englishman whose acquaintance he had made, for a good lawyer, and he was directed to Mr. Brady.
The rehearsal of this story, in the simple, touching language of young Coppin, frequently interrupted by his grief, aroused all the warm sympathies of Brady's nature, and he promised his client that he would take immediate action in the matter, and he redeemed his promise.
He learned that the superintendents had bound Sarah in the usual indentures, under section 5, chap- ter 8, volume 2 of the Revised Statutes ; and that they were in due form of law ; but, on a full investigation of all the circumstances of the case, he believed that the whole proceedings were illegal, and he caused the girl to be brought up on a writ of habeas corpus before Hon. Nathan B. Morse, then first judge of Kings county.
The superintendents, anxious to sustain their offi- cial acts, prepared to defend Gatewood to the last. The late John Slosson, an eminent lawyer of the New
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York bar, was retained by them, and a return to the . writ was made, stating that Sarah Coppin was held by Gatewood as his servant or apprentice, under cer- tain indentures executed by the superintendents of the county of Kings to him, " the said Sarah being, at the date of said indentures, a pauper."
The hearing of the case took place on a day fixed for that purpose, before Judge Morse, at the court house in Brooklyn. The singular and interesting character of the case gave it much publicity. It was reported in the daily papers, and, on the trial, the court house was thronged with deeply interested spectators.
The young lawyer appeared with his brief, and his authorities ; by his side sat young Coppin and his sister. It was an important event in the pro- fessional career of Brady. He stood between the poor young girl and a doom next to death. It was a case of the heart,-it lay warm in the deep sym- pathies of his nature,-it kindled those generous emo- tions which through his whole professional life so often manifested themselves. Then there was pro- fessional ambition ; a case which involved the most important interests to his client,-a competitor of the highest reputation,-eminent at the bar, and in in- tellectual acquirements,-a vast audience, composed of many of the most eminent persons in New York and Brooklyn. In his whole future brilliant career at the bar, no case so completely absorbed all his ener- gies as this did.
He opened it with modesty and brevity, simply stating what he proposed to prove in avoidance of the indentures. When he closed his opening, Mr. Slos- son arose, and asked the court to remand Sarah Coppin to the care of her master, Mr. Gatewood ; that the indentures, on their face, were legal, and, therefore, conclusive in and of themselves ; that the court would not go behind them to ascertain the cir- cumstances under which they were executed. He
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made a strong and effective argument ; such an argu- ment as John Slosson was capable of making.
But Brady was prepared on this point; he had entrenched himself with all the law bearing on the point which he could find, and, after elaborate argu- ments, the court decided to allow him to introduce his evidence.
It has been said that a trial of an issue of fact is not a hearing of all the matters capable of discovery, which are relevant to the issue, of which would assist an impartial mind in forming a just decision ; that it is an artificial mode of determination, bounded by narrow limits, governed by inflexible rules, and al- lowing each party to present to the court as much or as little of his own case as he pleases ; that besides the opportunity which the forms and mode of trial give to the exercise of skill, the laws of evidence afford still greater play for ingenuity, and ground for caution.
In a field like this, young Brady had now entered to contend alone with one who was perfectly familiar with all these subtleties.
He proved by the keeper of the county poor-house that Sarah had never been an inmate of that institu- tion. He established, by the overseer of the poor of Brooklyn, the fact that he had never, in any way, assisted her. With this, and some other proof, he rested his case.
To substantiate the fact that Sarah was a pauper when the indentures were executed, Mr. Slosson called the man and woman with whom the young Englishman left Sarah. They testified that in a day or two after her friend left, they discovered that she had no money, and, being unable to keep her, they sent her away, and afterwards directed the overseers of the poor to take care of her.
On cross-examination, while he did not exhibit "the talismanic power of bringing falsehood out of truth," he established the force of the Bible adage,
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"Be sure that your sins will find you out," .- for he compelled the man to admit that when Sarah came to his house she had a considerable sum of money in gold, though he denied having any of it himself, or any knowledge as to what became of it ; such was the searching nature of Mr. Brady's questions that sus- picion of his having taken it was strongly fastened upon him.
At length the evidence was closed; Mr. Slosson contended to the court, with great force and ingenu- ity, that there was nothing in the evidence showing that Sarah Coppin should be discharged from the in- dentures. She was, in every sense of the word, a pauper when they were executed ; and if she had not received actual aid from the poor authorities, she was in a situation to become chargeable to the county. Within the meaning of the statute, that word " chargeable," used in the statute, meant a liability of her becoming chargeable, which was analogous to the condition of a putative father in an order of filia- tion. The public policy, and the due administration of the poor laws, demanded that the indentures should be sustained, and the girl remanded. Fi .. nally, his whole argument exhibited the profound and experienced lawyer, carrying with it such weight that many members of the bar who were present, be- lieved that though sympathy was with Brady, the law was against him.
When Mr. Slosson closed, the young lawyer arose ; this was his first attempt to address the court on an important occasion, and he began with hesitation and diffidence, which caused much uneasiness on the part of his friends ; but " the low tremulous beginning gave way to the gradually strengthening assurance, to the dawning recognition of sympathy excited in the man on whose lips the issue hung ; till the whole world of thought and feeling seemed to open full of irresistible argument and happy illustration." At times the sympathy of his nature triumphed over
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cold logic, and his powerful appeals swept over court and audience, as it did years after, in his defense of Daniel E. Sickles.
The death of the parents, -the landing of the poor orphan on our shores-her robbery-her desertion, her misery-the brother's pilgrimage across the Atlan- tic-his long, weary, search in the bitterness of an al- most broken heart-the providential meeting-the awakening to the sense that the moment when fortune had seemingly given the lost one to him, she was in a bondage which must separate them forever ; was por- trayed in language which produced uncontrollable emotions of sympathy.
That part of his speech in which he discussed the legal points of the case, was equally happy. He contended that the proof established the fact, that Sarah Coppin had never received the least assist- ance from the overseers of the poor, had never been in the county poor-house, and had never been charge- able in any way to the county, when the indentures of the superintendents were executed ; and therefore they had no jurisdiction or authority over her person. He denounced the system which thus permitted officials to dispose of the person of the poor, and contended that before it could be done, every in- tendment of the law should be strictly complied with. Finally, he insisted that the opinion of Judge Yates, in the well known case of Schemerhorn v. Hull, 13 Johns., 269, fully sustained his first proposition, that before the superintendents had any authority to exe- cute the indentures, Sarah should have been reduced to the condition of a pauper, having received assist. ance from the poor authorities.
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